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Poster: Walloon Date: Jul 10, 2009 9:43am
Forum: feature_films Subject: Re: More new monsters

Thank you for your reply.

What is the section of the URAA that disqualifies films whose copyright status changed during the transition period of 1 January 1995 to 1 January 1996?

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Poster: Video-Cellar Date: Jul 10, 2009 7:32pm
Forum: feature_films Subject: Re: More new monsters

Just for clarification, no British films protected by the 1988 or 1956 Acts where in the public domain during the transitional year for GATT. Only British films whose copyright had expired under the 1911 Act where in the public domain. Copyright term extension in 1995 did not and does not effect their status or copyright term. In other words, these film's copyright status did not change during the transitional year. So qualification for GATT/URAA restoration was the same at both the commencement and close of the transitional year. The qualifications for GATT/URAA restorations are:

"(6) The term “restored work” means an original work of authorship that—
(A) is protected under subsection (a);
(B) is not in the public domain in its source country through expiration of term of protection;
(C) is in the public domain in the United States due to—
(i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirements;
(ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; or
(iii) lack of national eligibility;
(D) has at least one author or rightholder who was, at the time the work was created, a national or domiciliary of an eligible country, and if published, was first published in an eligible country and not published in the United States during the 30-day period following publication in such eligible country.
(E) if the source country for the work is an eligible country solely by virtue of its adherence to the WIPO Performances and Phonograms Treaty, is a sound recording. (Title 17, §104A(h))
"The Ghoul" was not eligible for GATT/URAA restoration because of its non-compliance with:
(B) as the work entered the UK public domain at 00:00 1 Jan 1995:
a) Dramatic work expired 50 calender years after the author T Hayes Hunter's death in 1944. (31 december 1994)
b) photography expired 50 calender years after publication 1933 (31 December 1983)
c) sound recordings expired 50 calender years after publication 1933 (31 December 1983)
and (D) the only authorial rights holder under British law was a US citizen, Thomas Hayes Hunter.

Should a work's native copyright be changed, or a copyright relationship be formed, after the commencement of URAA a further 2 year transitional period comes into force before new eligible PD works are restored under US law. The eligibilty requirements are the same as when the URAA altered Title 17 (except (E), above, which was added in late 1997)

This post was modified by Video-Cellar on 2009-07-11 02:32:55